NRS 128.055 Proceedings
to be completed within 6 months after filing of petition.

NRS 128.060 Notice
of hearing: Contents; personal service to certain persons; petitioner to mail notice
to Department of Health and Human Services if petitioner or child is receiving
public assistance.

NRS 128.070 Service
of notice of hearing by publication: Requirements; exception.

NRS 128.007Applicability of chapter.The
provisions of this chapter, to the extent they do not conflict with the
provisions of NRS 432B.5901
to 432B.5908, inclusive,
apply to all proceedings concerning the termination of parental rights that are
commenced pursuant to NRS
432B.5901 by an agency which provides child welfare services.

NRS 128.010Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 128.011 to 128.018, inclusive, have the meanings ascribed to them
in those sections.

NRS 128.011“Abandoned mother” defined.A
mother is “abandoned” if the father or putative father has not provided for her
support during her pregnancy or has not communicated with her for a period
beginning no later than 3 months after conception and extending to the birth of
the child.

1. “Abandonment of a child” means any
conduct of one or both parents of a child which evinces a settled purpose on
the part of one or both parents to forego all parental custody and relinquish
all claims to the child.

2. If a parent or parents of a child leave
the child in the care and custody of another without provision for the child’s
support and without communication for a period of 6 months, or if the child is
left under such circumstances that the identity of the parents is unknown and
cannot be ascertained despite diligent searching, and the parents do not come
forward to claim the child within 3 months after the child is found, the parent
or parents are presumed to have intended to abandon the child.

NRS 128.0126“Failure of parental adjustment” defined.“Failure of parental adjustment” occurs when a
parent or parents are unable or unwilling within a reasonable time to correct
substantially the circumstances, conduct or conditions which led to the
placement of their child outside of their home, notwithstanding reasonable and
appropriate efforts made by the State or a private person or agency to return
the child to his or her home.

1. “Injury” to a child’s health or welfare
occurs when the parent, guardian or custodian:

(a) Inflicts or allows to be inflicted upon the
child, physical, mental or emotional injury, including injuries sustained as a
result of excessive corporal punishment;

(b) Commits or allows to be committed against the
child, sexual abuse as defined in NRS
432B.100;

(c) Neglects or refuses to provide for the child
proper or necessary subsistence, education or medical or surgical care,
although he or she is financially able to do so or has been offered financial
or other reasonable means to do so; or

(d) Fails, by specific acts or omissions, to
provide the child with adequate care, supervision or guardianship under
circumstances requiring the intervention of:

(1) An agency which provides child welfare
services; or

(2) The juvenile or family court itself.

2. A child’s health or welfare is not
considered injured solely because the child’s parent or guardian, in the
practice of his or her religious beliefs, selects and depends upon nonmedical
remedial treatment for the child, if such treatment is recognized and permitted
under the laws of this State.

NRS 128.0137“Mental injury” defined.“Mental
injury” means an injury to the intellectual or psychological capacity of a
child as evidenced by an observable and substantial impairment in the child’s
ability to function within his or her normal range of performance and behavior.

1. Who lacks the proper parental care by
reason of the fault or habits of his or her parent, guardian or custodian;

2. Whose parent, guardian or custodian
neglects or refuses to provide proper or necessary subsistence, education,
medical or surgical care, or other care necessary for the child’s health,
morals or well-being;

3. Whose parent, guardian or custodian
neglects or refuses to provide the special care made necessary by the child’s
physical or mental condition;

4. Who is found in a disreputable place,
or who is permitted to associate with vagrants or vicious or immoral persons;
or

5. Who engages or is in a situation
dangerous to life or limb, or injurious to health or morals of the child or
others,

1. A written agreement between the parents
of a child who is subject to the jurisdiction of the juvenile court or family
court pursuant to title 5 of NRS or chapter
432B of NRS and the agency having custody of the child; or

2. Written conditions and obligations
imposed upon the parents directly by the juvenile or family court,

Ê which have a
primary objective of reuniting the family or, if the parents neglect or refuse
to comply with the terms and conditions of the case plan, freeing the child for
adoption.

NRS 128.018“Unfit parent” defined.“Unfit
parent” is any parent of a child who, by reason of the parent’s fault or habit
or conduct toward the child or other persons, fails to provide such child with
proper care, guidance and support.

NRS 128.020Jurisdiction of district courts.Except
if the child involved is subject to the jurisdiction of an Indian tribe
pursuant to the Indian Child Welfare Act, the district courts have jurisdiction
in all cases and proceedings under this chapter. The jurisdiction of the
district courts extends to any child who should be declared free from the
custody and control of either or both of his or her parents.

NRS 128.023Proceedings to terminate parental rights of parent of Indian
child: Powers and duties of court; appointment of attorney.

1. If proceedings pursuant to this chapter
involve the termination of parental rights of the parent of an Indian child,
the court shall:

(a) Cause the Indian child’s tribe to be notified
in writing in the manner provided in the Indian Child Welfare Act. If the
Indian child is eligible for membership in more than one tribe, each tribe must
be notified.

(b) Transfer the proceedings to the Indian
child’s tribe in accordance with the Indian Child Welfare Act.

(c) If a tribe declines or is unable to exercise
jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare
Act.

2. If the court determines that the parent
of an Indian child for whom termination of parental rights is sought is
indigent, the court:

(a) Shall appoint an attorney to represent the
parent; and

(b) May apply to the Secretary of the Interior
for the payment of the fees and expenses of such an attorney,

NRS 128.027Extent to which court must give full faith and credit to
judicial proceedings of Indian tribe.Each
court in this state which exercises jurisdiction pursuant to this chapter in a
case involving an Indian child shall give full faith and credit to the judicial
proceedings of an Indian tribe to the same extent that the Indian tribe gives
full faith and credit to the judicial proceedings of the courts of this state.

NRS 128.030Place for filing petition.A
petition alleging that a child should be declared free from the custody and
control of his or her parent or parents may be filed at the election of the
petitioner in:

1. The county in which the child is found;

2. The county in which the acts complained
of occurred;

3. The county in which the child resides;

4. The county in which the child is the
subject of another court proceeding;

5. The county in which an agency which
provides child welfare services is located;

6. The county in which the guardian or
custodian of the child resides;

7. The county in which the defendant
resides; or

8. The county in which the convenience of
the witnesses and the ends of justice would be promoted.

NRS 128.040Who may file petition; investigation.The
agency which provides child welfare services, the probation officer, or any
other person, including the mother of an unborn child, may file with the clerk
of the court a petition under the terms of this chapter. The probation officer
of that county or any agency or person designated by the court shall make such
investigations at any stage of the proceedings as the court may order or
direct.

NRS 128.055Proceedings to be completed within 6 months after filing of
petition.Except as otherwise
required by specific statute, the court shall use its best efforts to ensure
that proceedings conducted pursuant to this chapter are completed within 6
months after the petition is filed.

NRS 128.060Notice of hearing: Contents; personal service to certain
persons; petitioner to mail notice to Department of Health and Human Services
if petitioner or child is receiving public assistance.

1. After a petition has been filed, unless
the party or parties to be served voluntarily appear and consent to the hearing,
the court shall direct the clerk to issue a notice, reciting briefly the
substance of the petition and stating the date set for the hearing thereof, and
requiring the person served therewith to appear before the court at the time
and place if that person desires to oppose the petition.

2. Except as otherwise provided in
subsection 4 and NRS 128.070, the following persons
must be personally served with the notice:

(a) Either parent of the minor person, if his or
her place of residence is known to the petitioner, or if the place of residence
of either parent is not known to the petitioner, then the nearest known
relative of that person, if there is any residing within the State, and if his
or her residence and relationship are known to the petitioner; and

(b) The minor’s legal custodian or guardian, if
his or her place of residence is known to the petitioner.

3. If the petitioner or the child is
receiving public assistance, the petitioner shall mail a copy of the notice of
hearing and a copy of the petition to the Chief of the Child Support
Enforcement Program of the Division of Welfare and Supportive Services of the
Department of Health and Human Services by registered or certified mail return
receipt requested at least 45 days before the hearing.

4. A parent who delivered a child to a
provider of emergency services pursuant to NRS 432B.630 shall be deemed to
have waived any right to notice pursuant to this section.

NRS 128.070Service of notice of hearing by publication: Requirements;
exception.

1. Except as otherwise provided in
subsection 6, when either parent of a minor child or the child’s legal
custodian or guardian cannot, after due diligence, be found or conceals himself
or herself to avoid the service of the notice of hearing, and the fact appears,
by affidavit, to the satisfaction of the court thereof, and it appears, either
by affidavit or by a verified petition on file, that the named parent or
custodian or guardian is a necessary or proper party to the proceedings, the
court may grant an order that the service be made by the publication of the
notice of hearing. When the affidavit is based on the fact that the present
address of the parent or custodian or guardian is unknown, it is a sufficient
showing of that fact if the affiant states generally in the affidavit that:

(a) At a previous time the person resided in a
certain place (naming the place and stating the latest date known to the
affiant when the person so resided there);

(b) That place is the last place in which the
person resided to the knowledge of the affiant;

(c) The person no longer resides at that place;
and

(d) The affiant does not know the present place
of residence of the person or where the person can be found.

Ê In such
case, the affidavit shall be deemed to be a sufficient showing of due diligence
to find either parent or the custodian or guardian.

2. The order must direct the publication
to be made in a newspaper, to be designated by the court, for a period of 4
weeks, and at least once a week during that time. When publication is ordered,
personal service of a copy of the notice of hearing and petition is equivalent
to completed service by publication, and the person so served has 20 days after
the service to appear and answer or otherwise plead. The service of the notice
of hearing shall be deemed complete in cases of publication at the expiration
of 4 weeks from the first publication.

3. Before a notice of hearing is published
pursuant to subsection 2, the clerk of the court shall ensure that the name of
the minor child is replaced with the initials of the minor child in every
instance where the name of the minor child appears in the notice of hearing.

4. Whenever personal service cannot be
made, the court may require, before ordering service by publication, such
further and additional search to determine the whereabouts of the person to be
served as may be warranted by the facts stated in the affidavit of the
petitioner to the end that actual notice be given whenever possible.

5. If one or both of the parents of the
minor is unknown, or if the name of either or both of the parents of the minor
is uncertain, then those facts must be set forth in the affidavit and the court
shall order the notice to be directed and addressed to either parent of the
person, and to all persons claiming to be the parent of the person. The notice,
after the caption, must be addressed substantially as follows: “To the parents
of the above-named person, and to all persons claiming to be the parent of that
person.”

6. A parent who delivered a child to a
provider of emergency services pursuant to NRS 432B.630 shall be deemed to
have waived any right to notice pursuant to this section.

NRS 128.080Form of notice.Except
as otherwise provided in subsection 3 of NRS 128.070,
the notice must be in substantially the following form:

In the .................... Judicial
District Court of the State of Nevada,

in and for the County of
.........................

In the matter of parental rights

as to ........................, a
minor.

Notice

To ........................,
parent No. 1 or ........................, parent No. 2 of the above-named
person; or, to the parents of the above-named person, and to all persons
claiming to be either parent of this person; or, to ........................,
related to the above-named minor as ........................; and, to
........................, the legal custodian or guardian of the above-named
minor:

You are hereby notified that
there has been filed in the above-entitled court a petition praying for the
termination of parental rights over the above-named minor person, and that the
petition has been set for hearing before this court, at the courtroom thereof,
at ........................, in the County of ........................, on the
.......... day of the month of ………. of the year ....... at........ o’clock
........m., at which time and place you are required to be present if you
desire to oppose the petition.

NRS 128.085Petition by mother of unborn child: Notice to father or putative
father; time of hearing.When the
mother of an unborn child files a petition for termination of the father’s
parental rights, the father or putative father, if known, shall be served with
notice of the hearing in the manner provided for in NRS
128.060, 128.070 and 128.080.
The hearing may be held at any time after the birth of the child and service on
the father or putative father, if known, is complete.

NRS 128.087Hearing to determine whether to transfer venue for parent who
objects to venue.

1. If a petition for termination of
parental rights has been filed and a parent whose consent is required objects
in writing to venue, the court must conduct a hearing to determine whether to transfer
venue to another county. For the purpose of determining whether to transfer
venue to another county, the court shall consider the ease of access to the
court for the defendant and the factors set forth in NRS 13.050 and 128.030.

2. For the purpose of conducting a hearing
pursuant to subsection 1, a party or witness located in another jurisdiction
may testify by telephone or audiovisual or other electronic means.

1. At the time stated in the notice, or at
the earliest time thereafter to which the hearing may be postponed, the court
shall proceed to hear the petition.

2. The proceedings are civil in nature and
are governed by the Nevada Rules of Civil Procedure. The court shall in all
cases require the petitioner to establish the facts by clear and convincing
evidence and shall give full and careful consideration to all of the evidence
presented, with regard to the rights and claims of the parent of the child and
to any and all ties of blood or affection, but with a dominant purpose of
serving the best interests of the child.

3. Information contained in a report filed
pursuant to NRS 432.097 to 432.130, inclusive, or chapter 432B of NRS may not be excluded
from the proceeding by the invoking of any privilege.

4. In the event of postponement, all
persons served, who are not present or represented in court at the time of the
postponement, must be notified thereof in the manner provided by the Nevada
Rules of Civil Procedure.

5. Any hearing held pursuant to this
section must be held in closed court without admittance of any person other
than those necessary to the action or proceeding, unless the court determines
that holding such a hearing in open court will not be detrimental to the child.

6. Except as otherwise provided in
subsection 7, any hearing held pursuant to NRS 128.005
to 128.150, inclusive, is confidential and must be
held in closed court without the admittance of any person other than the
petitioner, attorneys, any witnesses, the director of an agency which provides
child welfare services or an authorized representative of such person and any
other person entitled to notice, except by order of the court.

7. The files and records of the court in a
proceeding to terminate parental rights pursuant to NRS
128.005 to 128.150, inclusive, are not open to
inspection by any person except:

(a) The person petitioning for the termination of
parental rights and a person who intends to file a response to such a petition;
or

(b) Upon an order of the court expressly so
permitting pursuant to a petition setting forth the reasons therefor.

NRS 128.091Evidence of previous sexual conduct inadmissible to challenge
child’s credibility; exceptions.In
any proceeding held pursuant to this chapter involving a child who has been the
subject of a proceeding pursuant to chapter
432B of NRS, a party may not present evidence of any previous sexual
conduct of a child to challenge the child’s credibility as a witness unless the
attorney for the child has first presented evidence or the child has testified
concerning such conduct, or the absence of such conduct, on direct examination
by the district attorney or the attorney for the child, in which case the scope
of the cross-examination of the child or rebuttal must be limited to the
evidence presented by the child’s attorney or the child.

NRS 128.093Testimony of qualified expert witness required in proceedings to
terminate parental rights of parent of Indian child.

1. Any proceedings to terminate the
parental rights of the parent of an Indian child pursuant to this chapter must
include the testimony of at least one qualified expert witness as provided in
the Indian Child Welfare Act.

2. As used in this section, “qualified
expert witness” includes, without limitation:

(a) An Indian person who has personal knowledge
about the Indian child’s tribe and its customs related to raising a child and
the organization of the family; and

(b) A person who has:

(1) Substantial experience and training
regarding the customs of Indian tribes related to raising a child; and

(2) Extensive knowledge of the social
values and cultural influences of Indian tribes.

NRS 128.095When putative father presumed to have intended to abandon child.If the putative father of a child fails to
acknowledge the child or petition to have his parental rights established in a
court of competent jurisdiction before a hearing on a petition to terminate his
parental rights, he is presumed to have intended to abandon the child.

NRS 128.100Appointment of attorney to represent child in proceeding
concerning termination or restoration of parental rights; appointment of
attorney to represent parent; compensation of attorney.

1. Except as otherwise provided in
subsection 2, in any proceeding for terminating parental rights, or any
rehearing or appeal thereon, or any proceeding for restoring parental rights,
the court may appoint an attorney to represent the child as his or her counsel.
The child may be represented by an attorney at all stages of any proceedings
for terminating parental rights. If the child is represented by an attorney,
the attorney has the same authority and rights as an attorney representing a
party to the proceedings.

2. In any proceeding for the termination
of parental rights to a child who has been placed outside of his or her home
pursuant to chapter 432B of NRS, or
any rehearing or appeal thereon, or any proceeding for restoring parental
rights to such a child, the court shall appoint an attorney to represent the
child as his or her counsel. The child shall be deemed to be a party to any
proceeding described in this section and must be represented by an attorney at
all stages of such proceedings. The attorney representing the child has the
same authority and rights as an attorney representing any other party to the
proceedings.

3. If the parent or parents of the child
desire to be represented by counsel, but are indigent, the court may appoint an
attorney for them.

4. Each attorney appointed under the
provisions of this section is entitled to the same compensation and expenses
from the county as provided in NRS
7.125 and 7.135 for
attorneys appointed to represent persons charged with crimes.

1. The primary consideration in any
proceeding to terminate parental rights must be whether the best interests of
the child will be served by the termination. An order of the court for the
termination of parental rights must be made in light of the considerations set
forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include
a finding that:

(a) The best interests of the child would be
served by the termination of parental rights; and

(b) The conduct of the parent or parents was the
basis for a finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at
least one of the following:

(1) Abandonment of the child;

(2) Neglect of the child;

(3) Unfitness of the parent;

(4) Failure of parental adjustment;

(5) Risk of serious physical, mental or
emotional injury to the child if the child were returned to, or remains in, the
home of his or her parent or parents;

(6) Only token efforts by the parent or
parents:

(I) To support or communicate with
the child;

(II) To prevent neglect of the
child;

(III) To avoid being an unfit
parent; or

(IV) To eliminate the risk of
serious physical, mental or emotional injury to the child;

(7) With respect to termination of the
parental rights of one parent, the abandonment by that parent; or

(8) The child was conceived as a result of
a sexual assault for which the natural parent was convicted.

2. Before making a finding pursuant to
subparagraph (5) of paragraph (b) of subsection 1, if the child has been out of
the care of his or her parent or guardian for at least 12 consecutive months,
the court shall consider, without limitation:

(a) The placement options for the child;

(b) The age of the child; and

(c) The developmental, cognitive and
psychological needs of the child.

NRS 128.106Specific considerations in determining neglect by or unfitness
of parent.

1. In determining neglect by or unfitness
of a parent, the court shall consider, without limitation, the following
conditions which may diminish suitability as a parent:

(a) Emotional illness, mental illness or mental
deficiency of the parent which renders the parent consistently unable to care
for the immediate and continuing physical or psychological needs of the child
for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been
placed outside his or her home pursuant to chapter 432B of NRS.

(b) Conduct toward a child of a physically,
emotionally or sexually cruel or abusive nature.

(d) Excessive use of intoxicating liquors,
controlled substances or dangerous drugs which renders the parent consistently
unable to care for the child.

(e) Repeated or continuous failure by the parent,
although physically and financially able, to provide the child with adequate
food, clothing, shelter, education or other care and control necessary for the
child’s physical, mental and emotional health and development, but a person
who, legitimately practicing his or her religious beliefs, does not provide
specified medical treatment for a child is not for that reason alone a
negligent parent.

(f) Conviction of the parent for commission of a
felony, if the facts of the crime are of such a nature as to indicate the unfitness
of the parent to provide adequate care and control to the extent necessary for
the child’s physical, mental or emotional health and development.

(g) Whether the child, a sibling of the child or
another child in the care of the parent suffered a physical injury resulting in
substantial bodily harm, a near fatality or fatality for which the parent has
no reasonable explanation and for which there is evidence that such physical
injury or death would not have occurred absent abuse or neglect of the child by
the parent.

(h) Inability of appropriate public or private
agencies to reunite the family despite reasonable efforts on the part of the
agencies.

2. As used in this section, “near
fatality” has the meaning ascribed to it in NRS 432B.175.

NRS 128.107Specific considerations where child is not in physical custody
of parent.If a child is not in
the physical custody of the parent or parents, the court, in determining
whether parental rights should be terminated, shall consider, without
limitation:

1. The services provided or offered to the
parent or parents to facilitate a reunion with the child.

2. The physical, mental or emotional
condition and needs of the child and the child’s desires regarding the
termination, if the court determines the child is of sufficient capacity to
express his or her desires.

3. The effort the parent or parents have
made to adjust their circumstances, conduct or conditions to make it in the
child’s best interest to return the child to his or her home after a reasonable
length of time, including but not limited to:

(a) The payment of a reasonable portion of
substitute physical care and maintenance, if financially able;

(b) The maintenance of regular visitation or
other contact with the child which was designed and carried out in a plan to
reunite the child with the parent or parents; and

(c) The maintenance of regular contact and
communication with the custodian of the child.

4. Whether additional services would be
likely to bring about lasting parental adjustment enabling a return of the
child to the parent or parents within a predictable period.

Ê For purposes
of this section, the court shall disregard incidental conduct, contributions,
contacts and communications.

NRS 128.108Specific considerations where child has been placed in foster
home.If a child is in the custody
of a public or private agency and has been placed and resides in a foster home
and the custodial agency institutes proceedings pursuant to this chapter
regarding the child, with an ultimate goal of having the child’s foster parent
or parents adopt the child, the court shall consider whether the child has
become integrated into the foster family to the extent that the child’s
familial identity is with that family, and whether the foster family is able
and willing permanently to treat the child as a member of the family. The court
shall consider, without limitation:

1. The love, affection and other emotional
ties existing between the child and the parents, and the child’s ties with the
foster family.

2. The capacity and disposition of the
child’s parents from whom the child was removed as compared with that of the
foster family to give the child love, affection and guidance and to continue
the education of the child.

3. The capacity and disposition of the
parents from whom the child was removed as compared with that of the foster
family to provide the child with food, clothing and medical care and to meet
other physical, mental and emotional needs of the child.

4. The length of time the child has lived
in a stable, satisfactory foster home and the desirability of the child
continuing to live in that environment.

5. The permanence as a family unit of the
foster family.

6. The moral fitness, physical and mental
health of the parents from whom the child was removed as compared with that of
the foster family.

7. The experiences of the child in the
home, school and community, both when with the parents from whom the child was
removed and when with the foster family.

8. Any other factor considered by the
court to be relevant to a particular placement of the child.

1. If a child has been placed outside of
his or her home pursuant to chapter 432B
of NRS, the following provisions must be applied to determine the conduct of
the parent:

(a) If the child has resided outside of his or
her home pursuant to that placement for 14 months of any 20 consecutive months,
it must be presumed that the parent or parents have demonstrated only token
efforts to care for the child as set forth in subparagraph (6) of paragraph (b)
of subsection 1 of NRS 128.105.

(b) If the parent or parents fail to comply
substantially with the terms and conditions of a plan to reunite the family
within 6 months after the date on which the child was placed or the plan was
commenced, whichever occurs later, that failure to comply is evidence of
failure of parental adjustment as set forth in subparagraph (4) of paragraph
(b) of subsection 1 of NRS 128.105.

2. If a child has been placed outside of
his or her home pursuant to chapter 432B
of NRS and has resided outside of his or her home pursuant to that placement
for 14 months of any 20 consecutive months, the best interests of the child
must be presumed to be served by the termination of parental rights.

3. The presumptions specified in
subsections 1 and 2 must not be overcome or otherwise affected by evidence of
failure of the State to provide services to the family.

NRS 128.110Order terminating parental rights; preference for placement of
child with certain relatives and siblings of child; period for completion of search
for relative.

1. Whenever the procedure described in
this chapter has been followed, and upon finding grounds for the termination of
parental rights pursuant to NRS 128.105 at a hearing
upon the petition, the court shall make a written order, signed by the judge
presiding in the court, judicially depriving the parent or parents of the
custody and control of, and terminating the parental rights of the parent or
parents with respect to the child, and declaring the child to be free from such
custody or control, and placing the custody and control of the child in some
person or agency qualified by the laws of this State to provide services and
care to children, or to receive any children for placement. The termination of
parental rights pursuant to this section does not terminate the right of the
child to inherit from his or her parent or parents, except that the right to
inherit terminates if the child is adopted as provided in NRS 127.160.

2. If the child is placed in the custody
and control of a person or agency qualified by the laws of this State to
receive children for placement, the person or agency, in seeking to place the
child:

(a) May give preference to the placement of the
child with any person related within the fifth degree of consanguinity to the
child whom the person or agency finds suitable and able to provide proper care
and guidance for the child, regardless of whether the relative resides within
this State.

(b) Shall, if practicable, give preference to the
placement of the child together with his or her siblings.

Ê Any search
for a relative with whom to place a child pursuant to this subsection must be
completed within 1 year after the initial placement of the child outside of his
or her home.

NRS 128.120Effect of order.Any
order made and entered by the court under the provisions of NRS 128.110 is conclusive and binding upon the person
declared to be free from the custody and control of his or her parent or parents,
and upon all other persons who have been served with notice by publication or
otherwise, as provided by this chapter. After the making of the order, except
as otherwise provided in NRS 128.190, the court has
no power to set aside, change or modify it, but nothing in this chapter impairs
the right of appeal.

NRS 128.130Notice to produce; warrant of arrest; contempts.At any time after the filing of the petition,
notice may issue requiring any person having the custody or control of such
minor person, or the person with whom such person is, to appear with such
person at a time and place stated in the notice. In case such notice cannot be
served, or the party served fails, without reasonable cause, to obey it, a
warrant of arrest shall issue on the order of the court against the person so
cited, or against the minor himself or herself, or against both; or, if there
is no party to be served with such notice, a warrant of arrest may be issued
against the minor person. If any party noticed, as provided for in this
section, fails without reasonable cause to appear and abide by the order of the
court, or to bring such minor person, such failure shall constitute a contempt
of court.

[13:161:1953]

NRS 128.140Expenses to be county charges.All
expenses incurred in complying with the provisions of this chapter shall be a
county charge if so ordered by the court.

(b) A father whose relationship to the child has
been determined by a court; or

(c) A father as to whom the child is a legitimate
child under chapter 126 of NRS, under
prior law of this State or under the law of another jurisdiction,

Ê and the
father has not consented to the adoption of the child or relinquished the child
for adoption, a proceeding must be brought pursuant to this chapter and a
determination made of whether a parent and child relationship exists and, if
so, if it should be terminated.

2. If a mother relinquishes or proposes to
relinquish for adoption a child who does not have:

(b) A father whose relationship to the child has
been determined by a court;

(c) A father as to whom the child is a legitimate
child under chapter 126 of NRS, under
prior law of this State or under the law of another jurisdiction; or

(d) A father who can be identified in any other
way,

Ê or if a
child otherwise becomes the subject of an adoption proceeding, the agency or
person to whom the child has been or is to be relinquished, or the mother or
the person having custody of the child, shall file a petition in the district
court to terminate the parental rights of the father, unless the father’s
relationship to the child has been previously terminated or determined not to
exist by a court.

3. In an effort to identify and protect
the interests of the natural father, the court which is conducting a proceeding
pursuant to this chapter shall cause inquiry to be made of the mother and any
other appropriate person. The inquiry must include the following:

(a) Whether the mother was married at the time of
conception of the child or at any time thereafter.

(b) Whether the mother was cohabiting with a man
at the time of conception or birth of the child.

(c) Whether the mother has received support
payments or promises of support with respect to the child or in connection with
her pregnancy.

(d) Whether any man has formally or informally
acknowledged or declared his possible paternity of the child.

4. If, after the inquiry, the natural
father is identified to the satisfaction of the court, or if more than one man is
identified as a possible father, each must be given notice of the proceeding in
accordance with subsection 6 or with this chapter, as applicable. If any of
them fails to appear or, if appearing, fails to claim custodial rights, such
failure constitutes abandonment of the child. If the natural father or a man
representing himself to be the natural father, claims custodial rights, the
court shall proceed to determine custodial rights.

5. If, after the inquiry, the court is
unable to identify the natural father or any possible natural father and no
person has appeared claiming to be the natural father and claiming custodial
rights, the court shall enter an order terminating the unknown natural father’s
parental rights with reference to the child. Subject to the disposition of any
appeal, upon the expiration of 6 months after an order terminating parental
rights is issued under this subsection, or this chapter, the order cannot be
questioned by any person in any manner or upon any ground, including fraud, misrepresentation,
failure to give any required notice or lack of jurisdiction of the parties or
of the subject matter.

6. Notice of the proceeding must be given
to every person identified as the natural father or a possible natural father
in the manner provided by law and the Nevada Rules of Civil Procedure for the
service of process in a civil action, or in any manner the court directs. Proof
of giving the notice must be filed with the court before the petition is heard.

NRS 128.160Best interest of child in determining consideration in action to
set aside termination of parental rights after adoption has been granted;
presumption.

1. In any action commenced by the natural
parent of a child to set aside a court order terminating the parental rights of
the natural parent after a petition for adoption has been granted, the best
interests of the child must be the primary and determining consideration of the
court.

2. After a petition for adoption has been
granted, there is a presumption for the purposes of this chapter that remaining
in the home of the adopting parent is in the child’s best interest.

1. A child who has not been adopted and
whose natural parent or parents have had their parental rights terminated or
have relinquished their parental rights, or the legal custodian or guardian of
such a child, may petition a court for the restoration of the parental rights
of the natural parent or parents of the child.

2. The natural parent or parents for whom
restoration of parental rights is sought to be restored must consent in writing
to the petition.

NRS 128.180Restoration of parental rights: Notice of hearing; persons
required to be personally served with notice; right of such persons to present
testimony and evidence.

1. Before a hearing is held on a petition
that is filed pursuant to NRS 128.170, the court
shall direct the clerk to issue a notice, reciting briefly the substance of the
petition and stating the date set for the hearing thereof, and requiring the
person served therewith to appear before the court at the time and place if
that person desires to provide testimony or evidence concerning the petition.

2. The following persons must be
personally served with the notice:

(a) The natural parent or parents for whom
parental rights are sought to be restored;

(b) The legal custodian and the legal guardian of
the child who is the subject of the petition;

(c) If the parental rights of the natural parent
or parents for whom parental rights are sought to be restored were terminated,
the person or governmental entity that petitioned for the termination if
different from the persons notified pursuant to paragraph (b); and

(d) The attorney of record of the child who is
the subject of the petition or, if none, the child.

3. The persons who are served with notice
pursuant to subsection 2 must be provided an opportunity to present testimony
and evidence during the hearing.

1. If a valid petition is filed pursuant
to NRS 128.170, the court shall hold a hearing to
determine whether to restore the parental rights of the natural parent or
parents.

2. Before granting a petition for the
restoration of parental rights, the court must find that:

(a) If any child who is the subject of the
petition is 14 years of age or older, the child consents to the restoration of
parental rights.

(b) The natural parent or parents for whom
restoration of parental rights is sought have been informed of the legal
obligations, rights and consequences of the restoration of parental rights and
that the natural parent or parents are willing and able to accept such
obligations, rights and consequences.

3. If the court finds the necessary facts
pursuant to subsection 2, the court shall order the restoration of parental
rights if the court further finds by a preponderance of the evidence that:

(a) The child is not likely to be adopted; and

(b) Restoration of parental rights of the natural
parent or parents is in the best interests of the child.

4. If the court restores the parental
rights of the natural parent or parents of a child who is less than 14 years of
age, the court shall specify in its order the factual basis for its findings that
it is in the best interests of the child to restore the parental rights of the
natural parent or parents.

5. Upon the entry of an order for the
restoration of parental rights issued pursuant to this section, any child who
is the subject of the petition becomes the legal child of the natural parent or
parents whose rights have been restored, and they shall become the child’s
legal parents on that date with all the rights and duties of parents.